Each year approximately 140,000 employment-based visas are made available to immigrant workers by the United States Citizenship and Immigration Services
United States Citizenship and Immigration Services
U.S. Citizenship and Immigration Services is an agency of the U.S. Department of Homeland Security that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service, which was dissolved by the Homeland S…
How to apply for an employment visa?
How to get a European Work Visa
- Check what Employment Visas the country where you wish to work offers.
- Figure out if you qualify for a work visa to EU. Meet the criteria for an EU work visa. ...
- Collect the required documents for an employment visa.
- Schedule a visa interview.
- Attend the interview with all the required documents with you.
- Wait for you visa to be processed! ...
What does it mean by employment visa status?
Employment visas are what allow citizens of foreign countries to work in the U.S. for a temporary period of time. Generally, a U.S. employer must sponsor the worker for relocation to the U.S. for a limited period of time for the purposes of employment. Employment visas are sometimes referred to as work visas, or work permits.
Who qualifies for EB-2 employment visa?
The three categories for EB-2 eligibility are foreigners with:
- An advanced degree in art, business, or science or a foreign equivalent degree
- Exceptional ability in the sciences, arts, or business or international recognition
- A National Interest Waiver, proving that their work has the ability to benefit the United States
Does an employer have to sponsor a work visa?
These visas are temporary and must be renewed regularly. Visa sponsorship means an employer is willing to obtain a work visa for highly-qualified candidates who live outside the United States. It’s not a simple process for employers. They must prove that they were unable to fill their vacancies with qualified American workers for sponsoring a visa.
Are employment-based visas permanent?
International Executives and Managers: EB-1(c) Applicants who qualify for the EB-2 visa can obtain permanent residency in the U.S. The sponsoring U.S. employer must submit a petition on the applicant's behalf and submit proof of an offer of employment.
What type of visa is an employment visa?
Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS).
What are the requirements for employment-based immigration?
In order to be eligible for a Green Card as an employment-based derivative applicant, you must meet the following requirements:You properly file your Form I-485: ... You are currently the principal applicant's spouse or child;You were inspected and admitted or inspected and paroled into the United States;More items...•
How long does employment-based visa take?
Regular processing can take 6 to 9 months, whereas premium processing only takes up to 15 days. Fortunately, most employers choose premium processing for this stage. To know the exact processing time for your I-140 Immigration Petition, you can visit the USCIS Processing Time Homepage.
What are the 4 types of visa?
Probably one of the four main types: tourist, immigration, student, or work.
How long can you stay in America with a work visa?
six yearsUnder U.S. law, a foreign worker with an H-1B visa can stay in the U.S. for a maximum of six years (plus extensions in certain circumstances, discussed below). The H-1B visa and status is initially valid for three years and can then be extended for another three years.
Can I sponsor someone for a work visa?
Sponsoring a foreign worker for a U.S. job may be quicker and easier through a nonimmigrant visa than through a green card. Sponsoring a foreign worker for a U.S. job may be quicker and easier through a nonimmigrant visa than through a green card.
How does an employer sponsor a work visa?
After the labor certification has been approved by the DOL, the employer continues the process by filing Form I-140, Immigrant Petition for Alien Worker, on behalf of the foreign national with U.S. Citizenship and Immigration Services (USCIS).
Who can sponsor me in USA?
Who You Can Help ImmigrateWho Can Sponsor WhoWho You AreImmigrants You Can PetitionU.S. citizen (at least age 18, for financial sponsorship purposes)Minor, unmarried childrenU.S. citizenMarried children or adult childrenU.S. citizen age 21 or olderBrothers and sisters4 more rows
How much does it cost to sponsor an immigrant worker?
In general, a visa sponsorship costs approximately $4000 but may cost $8-9,000 if a company has more than fifty employees and 50% of those employees are foreign nationals....How Much Does It Cost to Sponsor a Visa?Visa/FormCostAmerican Competitiveness and Workforce Improvement Act of 1998 charges$750 to $1,5004 more rows•Mar 16, 2022
How much does it cost a company to sponsor a green card?
Paying Application Fees Currently (2022), there is no fee for filing the PERM application with the DOL. However, there is a substantial fee that employers are expected to pay when filing the I-140 petition with U.S. Citizenship and Immigration Services (USCIS). It's presently set at $700 (2022 figure).
How long is employment based green card valid?
A Permanent Resident Card (USCIS Form I-551) Although some Permanent Resident Cards, commonly known as Green Cards, contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. It is important to keep your card up-to-date.
What is B1 and B2 visa?
B1 and B2 visas are generally referred to as “B visas”, and they are the most common types of visa issued for a wide range of uses in the United States. The B1 visa is issued mainly for short-term business trips, while the B2 visa is issued mainly traveling for tourism purposes.
What is l1 visa in USA?
L-1A and L-1B visas may be issued when an employer files a petition to obtain authorization for qualified employees to be allowed to work and live in the United States. The L-1A visa is for intracompany transferees who work in managerial or executive positions in a company that is located outside the United States.
What is H-1B visa USA?
The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor's degree or the equivalent.
What is E1 visa in USA?
The E1 visa or otherwise called the Treaty Trader Visa is a US non-immigrant visa for all those who trade with the US. The trade must be between the US and an E1 visa country with which the US has a trade and investment treaty.
What is an employment visa?
Employment visas permit a foreigners to work in the U.S. for a short period. This normally involves sponsoring for employment visa status by the U.S. company to relocate the Worker to the U.S. for a short time.
What do state agents do with visas?
Once everything on the employer’s end is practiced care of, a state agent will communicate with you for your visa request forms and civil records. While the present paper may vary depending on your position, you’ll always require your documentation
How to apply for an adjustment of status?
Citizenship and Immigration Services (USCIS) for the proper employment-based choice category. Persons with exceptional skills in the Employment First choice category can register their appeals. If the petitioner is already in the U.S., they could apply for an Adjustment of Status. Unless the petitioner would go through the method of obtaining a visa through a government or embassy.
What is the form for I-140?
If the labor certification is admitted, the employer then requires to request Form I-140, the Immigrant Petition for Foreign Worker, with the U.S. Citizenship and Immigration Services (USCIS) for the proper employment-based preference section. Individuals from the E-B1 class can file their requests.
What is the final step in the visa process?
The concluding step in the visa petition process is an interview with a consular officer at the most next U.S. embassy or office. The final decision about whether your request is suitable for a foreigner visa holds with this officer, so this may be the common important move in the process. Understanding the meeting works well, the officer will get your digital fingerprints and return all of your original civil reports ere you go.
How many years of experience do you need to be an experienced worker?
An experienced worker (indicating your job needs a least two years of practice or work experience), or
Who gets labor certification approval?
Employers or lawyers get a labor certification approval.
What form do I need to file for an alien worker?
Multinational Manager or Executive: Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker.
What age can I apply for E-14?
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
What do you need to show your employer is continuing to pay your wage?
Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
What is a 4th preference visa?
Fourth preference visas are given to those categorized as “special immigrants.” There are several different types of people that can fall into this category – including certain religious workers, retired NATO-6 employees and more. To learn whether or not you classify, contact a lawyer.
What is labor certification? Do I need it?
For second and third preference workers, they will need labor certification to come into the United States (except for those who successfully gain a national interest waiver). This is essentially something that proves the immigrant in question has received a valid job offer and must be submitted by the employer on behalf of the employee. Once the employer has petitioned on their behalf, they officially become their sponsor. By filling out and submitting labor certification, the employer is verifying that the job they are offering cannot be adequately filled by a domestic worker. They are also stating that by hiring someone from abroad that they will not be negatively affecting wages of domestic workers.
What is priority worker?
Employees who are given first preference for permanent worker visas are typically referred to as “priority workers.” These are generally those who have been determined to have extraordinary abilities in their field – from business to science or arts. It could be anyone from a renowned professor to business executive.
Who is eligible for the 4th preference visa?
The following special immigrants are eligible for the fourth preference visa: Religious workers; Special Immigrant Juveniles; Certain broadcasters; Certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members; Certain employees of the U.S. government who are abroad ...
How old do you have to be to get an EB-4?
Some EB-4 classifications allow your spouse and unmarried children under the age of 21 to be admitted to the United States. For more information, please visit our Green Card Eligibility Category page.
What is broadcast expertise?
Your broadcasting expertise, including how long you have been performing duties that relate to the prospective position or a statement as to how you have the necessary skills that make you qualified for the broadcasting-related position.
What is skilled worker visa?
“Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature.
How many years of experience do you need to be a skilled worker?
Certification. Skilled Workers. You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification. Relevant post-secondary education may be considered as training.
What is the other worker subcategory?
The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training, education, or experience, not of a temporary or seasonal nature.
What do you need to show your employer is continuing to pay your wage?
Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
Do you have to meet other requirements for labor certification?
You must meet any other requirements specified on the labor certification.
What is EB-3 in employment?
Third preference (EB-3) – skilled workers, professionals, or other workers.
When is an immigrant visa available?
An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin .)
What is an I-864?
Form I-864, Affidavit of Support Under Section 213A of the INA (only if your Form I-140 petition was filed by a relative who is a U.S. citizen or lawful permanent resident, or by a for-profit entity if 5% or more of the ownership interest is held by a relative who is a U.S. citizen or a lawful permanent resident). See Instructions for Form I-864 (PDF, 439.52 KB) for more information.
How to apply for employment authorization for a pending I-485?
Generally, when you have a pending Form I-485, you may apply for employment authorization by filing Form I-765, Application for Employment Authorization.
Can I file an I-485 for a green card?
If you are currently in the United States, an immigrant visa is immediately available to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, to apply for a Green Card without leaving the country. This is called “adjustment of status.” If a visa is immediately available, you may file your Form I-485:
Is I-485 filed with I-140?
A Form I-485 filed together with the Form I-140 (and the Form I-140 is ultimately approved).
Can USCIS approve green card application?
In general, USCIS can only approve your Green Card application only if none of the grounds of inadmissibility apply to you.
Advanced Degree
You must have have an advanced degree or its equivalent, which is a bachelor’s degree plus five years of progressive work experience in the field.
Exceptional Ability
You must be able to show exceptional ability in the sciences, arts, or business, which will greatly benefit the U.S. economy, cultural or educational interests, or welfare in the future. Exceptional ability means, “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
National Interest Waiver
If you are requesting that we waive the labor certification (also known as a job offer) because it is in the best interest of the United States, you are eligible to file a petition in your own behalf. You may do this whether you seek to classify yourself as a member of a profession who has an advanced degree or if you have an exceptional ability.
Adjustment of Status
After we approve your petition, you can apply to become a lawful permanent resident if there is a visa available according to the State Department Visa Bulletin. You can do this by either filing Form I-485 if you are in the United States, or by applying through the U.S.
Employment-Based Non-Immigrant Visas
What Are Employment-Based Immigrant Visas?
- About Employment Based Immigrant Visas The Immigration and Nationality Act (hereinafter the Act) provides five employment based immigration “preference” categories under which a foreign worker may qualify for permanent residence in the United States. The five preference categories include: priority workers (First Preference); workers with advanced ...
Employment Based Immigration
- Foreign-born graduates of US universities may pursue employment based immigration by being sponsored by an employer through the EB1, EB2 or EB3 categories. Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness befor…
Employment Based Visas Explained
- In this article, we’ll discuss the basics of employment-based immigration, the different types of employment-based visas and green cards, and the requirements for each category. There are five different employment-based visa programs available to immigrant workers, each with different requirements and processing times. Depending on the category a labor certificate may not be re…
Employment Based Preference Categories
- Employment Based Preference Categories EMPLOYMENT-BASED PERMANENT RESIDENCE (Multinational Executives or Managers; Outstanding Researchers; Extraordinary Ability Individuals; National Interest Waivers; Investors)In 1990, Congress created a priority system for granting permanent residence to aliens based on employment skills. Annually, 140,000 immigrat…
* Criteria For Demonstrating Extraordinary Ability
- In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readil...
Application Process
- Extraordinary Ability:You may apply for yourself by filing a Form I-140, Petition for Alien Worker.
- Outstanding Professors and Researchers:Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continui...
- Extraordinary Ability:You may apply for yourself by filing a Form I-140, Petition for Alien Worker.
- Outstanding Professors and Researchers:Your U.S. employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continui...
- Multinational Manager or Executive:Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continui...
- For more information on filing fees, see File My Application Online
Family of EB-1 Visa Holders
- If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
More Information